If physical sexual contact occurs and there is a lack of consent (or a person is
not able to consent) or force is involved, a sexual assault most likely has occurred.
Lack of consent is a crucial factor. Where force, threat of force, or coercion is
involved, the victim has not consented. Furthermore, persons under the influence of
drugs or alcohol may lose their ability to consent, and persons of insufficient age
and mental capacity also may not legally consent. While use of alcohol or drugs may
render the victim of sexual assault legally unable to consent, use of alcohol or drugs
by the perpetrator does not diminish the perpetrator’s personal responsibility or
exposure to disciplinary sanctions.